WVC 16 - 35 - 7
§16-35-7. Exemptions from notification and licensure.
(a) Homeowners performing lead abatement or interim abatement
controls on their single unit owner-occupied housing are exempt
from the requirements of this article: Provided, That the
provisions of this section do not apply to any residential dwelling
occupied by a person or persons other than the owner or the owner's
immediate family as well as to any residential dwelling where a
child with a documented elevated blood lead level resides.

(b) Abatement does not include renovation, remodeling,
landscaping or other activities, when the purpose of such
activities are not intended to permanently eliminate lead-based
paint hazards, but, instead, are designed to repair, restore or
remodel a given structure or dwelling, even though these activities
may incidentally result in a reduction or elimination of lead-based
paint hazards. Abatement also does not include interim controls,
operations and maintenance activities, or other measures and
activities designed to temporarily, but not permanently reduce
lead-based paint hazards.

(c) The provisions of this article do not apply to lead-hazard
reduction activities or to persons performing such activities when
such activities are performed wholly within or on an industrial
facility and are performed by persons who are subject to the
training requirements of OSHA: Provided, That the provisions of
this article do apply to any child-occupied building or area such
as a child day care center located at an industrial facility.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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